Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19164 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- BIHTA District- Patna ====================================================== Upendra Singh S/o Late Nageshwar Singh Resident of Village- Bisharpur, P.S.- Naubatpur, Distt- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Adovcate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.

The petitioner who is in custody since 15.2.2020 has filed the instant application for grant of regular bail in connection with Bihta P.S. Case no. 120 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on secret information having been received that some ladies would be getting down at the Patel halt with liquor and they would be met by their associates, a raid was conducted and four ladies and two male members including the petitioner herein were caught. It is stated that from the two tempo a total of 6 sacks weighing 240 kg were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The seized liquor does not belong to him instead it belongs to the females who hired the auto of the petitioner. The petitioner has no criminal antecedent and is in custody since 15.2.2020.

Patna High Court CR. MISC. No.19164 of 2020(2) dt.04-06-2020 2/2 The application for bail is opposed by learned APP for the State.Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Special Case no. 1544 of 2020 ( arising out of Bihta P.S. Case no. 120 of 2020) on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna. (Partha Sarthy, J) Prakash/- U